NR 151.21
NR 151.21 Definitions. In this subchapter:
NR 151.21(1m)
(1m) “Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
NR 151.21 Note
Note: Information on how to access SLAMM and P8 and the average annual rainfall files for five locations in the state, as published periodically by the department, is available by contacting the storm water management program at dnr.wi.gov.
NR 151.21(2)
(2) “Borrow site" means an area outside of a project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial pits.
NR 151.21(4)
(4) “Material disposal site" means an area outside of a project site, which is used, for the lawful disposal of surplus materials or materials unsuitable for use within the project site that is under the direct control of the contractor. A municipally owned landfill or private landfill that is not managed by the contractor is excluded from this definition.
NR 151.21(5)
(5) “Minor reconstruction" means either of the following:
NR 151.21(5)(a)
(a) For transportation facility construction sites where, before January 1, 2011, a bid was advertised, a construction contract was signed and no bid was advertised, or a notice of intent was received by the department in accordance with subch.
III of ch. NR 216, reconstruction that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening.
NR 151.21(5)(b)
(b) For transportation facility construction sites where, on or after January 1, 2011, a bid is advertised, a construction contract signed where no bid is advertised or a notice of intent was received by the department in accordance with subch.
III of ch. NR 216, reconstruction that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening, and that does not include replacement of a vegetated drainage system with a non-vegetated drainage system except where necessary to convey runoff under a highway or private road or driveway.
NR 151.21(6)
(6) “Prime contractor" means a person authorized or awarded a contract to perform, directly or using subcontractors, all the work of a project directed and supervised by the transportation facility authority.
NR 151.21(9)
(9) “Public mass transit facility" means any area of land or water which is used, or intended for use, by bus or light rail, and any appurtenant areas which are used, or intended for use, by bus or light rail, including buildings or other facilities or rights-of-way, either publicly or privately owned, that provide the public with general or special service on a regular and continuing basis.
NR 151.21(10)
(10) “Public trail" means a “state ice age trail area" designated under s.
23.17 (2), Stats., a state trail under s.
23.175 (2) (a), Stats., an “all-terrain vehicle trail" under s.
23.33 (1) (d), Stats., an “off-the-road motorcycle trail" under s.
23.33 (9) (b) 4., Stats., a “recreational trail" under s.
30.40 (12m), Stats., a “walkway" under s.
30.40 (22), Stats., a state trail under s.
84.06 (11), Stats., a “bikeway" under s.
84.60 (1) (a), Stats., a “snowmobile trail" under s.
350.01 (17), Stats., a “public snowmobile corridor" under s.
350.12 (3j) (a) 1., Stats., or any other trail open to the public as a matter of right.
NR 151.21(11)
(11) “Railroad" means any area of land or water which is used, or intended for use, in operating a railroad as defined in s.
85.01 (5), Stats., and any appurtenant areas which are used, or intended for use, for railroad buildings or other railroad facilities or rights-of-way, together with all railroad buildings and facilities located thereon.
NR 151.21(15)
(15) “Transportation facility authority"
means any person or entity that is authorized to approve work on a transportation facility by contract, permit or with its own forces or by force account. A permit or approval granted by the department pursuant to ch.
283, Stats., does not qualify as authorization needed to meet this definition.
NR 151.21 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: r. (1), cr. (1m), am. (5), (8)
Register December 2010 No. 660, eff. 1-1-11.
NR 151.22(1)(a)
(a) The transportation facility authority shall develop a design plan to meet the performance standards of this subchapter for land disturbing construction activity at the transportation facility construction site.
NR 151.22(1)(b)
(b) The transportation facility authority, in consultation with the department, shall approve the implementation plan submitted under sub.
(2) (a). The transportation facility authority shall incorporate the implementation plan into the contract for project construction.
NR 151.22(1)(c)
(c) The transportation facility authority shall administer and enforce the implementation plan submitted by the prime contractor under sub.
(2) (a) under the contract for project construction. The transportation facility authority shall ensure that the prime contractor follows and maintains the implementation plan under par.
(b). If the prime contractor does not follow the implementation plan incorporated into the contract for project construction, the transportation facility authority shall control erosion and sediment at the construction site consistent with the design plan prepared under par.
(a) or implementation plan prepared under sub.
(2) (a).
NR 151.22(1)(d)
(d) Before accepting the completed project, the transportation facility authority shall verify in writing that the prime contractor has satisfactorily completed the implementation plan pursuant to sub.
(2) (b). The transportation authority shall submit the written verification to the prime contractor and to the authority in charge of maintenance of the transportation facility. Upon written verification by the transportation facility authority under this paragraph, the prime contractor is released from the responsibility under this subchapter, except for any responsibility for defective work or materials, damages by its own operations, or as may be otherwise required in the project construction contract.
NR 151.22(2)(a)(a) The prime contractor shall develop and submit to the transportation facility authority an implementation plan that identifies applicable BMPs and contains a schedule for implementing the BMPs in accordance with design plan to meet the performance standards under sub.
(1) (a). The implementation plan shall identify an array of BMPs that may be employed to meet the performance standards. The implementation plan shall also address the design and implementation of BMPs required in ss.
NR 151.23 and
151.24 for land disturbing construction activity within borrow sites and material disposal sites that are related to the construction project.
NR 151.22(2)(b)
(b) The prime contractor shall implement the implementation plan as required by the contract for project construction prepared pursuant to sub.
(1) (b).
NR 151.22(2)(c)
(c) A transportation authority that carries out the construction activity with its own employees and resources shall comply with the prime contractor requirements contained in this subsection, including preparing and carrying out an implementation plan.
NR 151.22(3)
(3)
Single plan. For transportation projects that are not administered under ch.
Trans 401, the requirements of this subchapter may be developed under one plan instead of 2 separate plans as described under subs.
(1) (a) and
(2) (a). A plan created under this subsection shall contain both the design components required under sub.
(1) (a) and the implementation components required under sub.
(2) (a).
NR 151.22 Note
Note: This single plan may be the erosion control plan specified in s.
NR 216.46.
NR 151.22(4)
(4)
Maintenance authority. Upon execution of the written verification prepared under sub.
(1) (d) by the transportation facility authority, the authority in charge of maintenance of the transportation facility shall maintain the BMPs to meet the performance standards of this subchapter. However, BMPs no longer necessary for erosion and sediment control shall be removed by the maintenance authority.
NR 151.225
NR 151.225 Construction site performance standard for non-permitted sites and routine maintenance. NR 151.225(1)(1)
Applicability. This section applies to any transportation facility construction site that consists of land disturbing construction activity for any of the following:
NR 151.225(1)(a)
(a) Transportation facility construction sites of less than one acre.
NR 151.225(1)(b)
(b) Routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres.
NR 151.225 Note
Note: Land disturbing construction sites of less than one acre and routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres of land disturbance are not regulated under subch.
III of ch. NR 216 unless designated by the department under s.
NR 216.51 (3).
NR 151.225(1)(c)
(c) Transportation facility construction projects that are exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under
40 CFR 122, for land disturbing construction activity.
NR 151.225(2)
(2)
Responsible party. The transportation facility authority or other person contracted or obligated by other agreement with the transportation facility authority to implement and maintain construction site BMPs is the responsible party and shall comply with this section.
NR 151.225(3)
(3)
Requirements. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
NR 151.225(3)(a)
(a) The deposition of soil from being tracked onto streets by vehicles.
NR 151.225(3)(b)
(b) The discharge of sediment from disturbed areas into on-site storm water inlets.
NR 151.225(3)(c)
(c) The discharge of sediment from disturbed areas into adjacent waters of the state.
NR 151.225(3)(d)
(d) The discharge of sediment from drainage ways that flow off the site.
NR 151.225(3)(f)
(f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
NR 151.225(3)(g)
(g) The transport by runoff into waters of the state of chemicals, cement and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.
NR 151.225 Note
Note: In accordance with subch. V, the department has developed technical standards to help meet the construction site performance standards. These technical standards are available from the department at dnr.wi.gov.
NR 151.225(4)
(4)
Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state.
NR 151.225(5)
(5)
Implementation. The BMPs used to comply with this section shall be implemented as follows:
NR 151.225(5)(a)
(a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
NR 151.225(5)(b)
(b) Erosion and sediment control practices shall be maintained until final stabilization.
NR 151.225(5)(c)
(c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
NR 151.225(5)(d)
(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
NR 151.225(5)(e)
(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
NR 151.225 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.23
NR 151.23 Construction site performance standard for sites of one acre or more. NR 151.23(1)(1)
Applicability. This section applies to any transportation facility construction site that consists of one acre or more of land disturbing construction activity.
NR 151.23(1)(a)1.
1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch.
III of ch. NR 216 before January 1, 2011.
NR 151.23(1)(a)2.
2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, before January 1, 2011.
NR 151.23(1)(b)1.
1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch.
III of ch. NR 216 on or after January 1, 2011.
NR 151.23(1)(b)2.
2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, on or after January 1, 2011.
NR 151.23(2)
(2)
Exemption. This section does not apply to the following:
NR 151.23(2)(a)
(a) Transportation facility construction projects that are exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under
40 CFR 122, for land disturbing construction activity.
NR 151.23(2)(b)
(b) Transportation facility construction projects that are part of a larger common plan of development, such as a residential or industrial development, and are in compliance with the performance standards of subch.
III.
NR 151.23(2)(c)
(c) Routine maintenance for transportation facilities that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
NR 151.23 Note
Note: Construction projects such as installations of utilities within a transportation right-of-way that are not directed and supervised by the Department of Transportation are subject to the performance standards of subch. III and are not subject to this subchapter.
NR 151.23(2)(cm)
(cm) Routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres of land disturbance.
NR 151.23(3)(a)(a) The responsible party under s.
NR 151.22 shall develop and implement a written design plan for each construction site. The plan shall incorporate the applicable requirements of this section.
NR 151.23 Note
Note: The design plan may be the erosion control plan specified in s.
NR 216.46 or the design plan in s.
NR 151.22 (1) (a).
NR 151.23(4)
(4)
Pre-January 1, 2011 requirements. The design plan required under sub.
(3) shall include the following:
NR 151.23(4)(a)
(a) BMPs that, by design, achieve, to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, as specified in s.
NR 151.22 (1) (a) or
(3), until the construction site has undergone final stabilization. No person shall be required to exceed an 80% sediment reduction to meet the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination and shall be installed according to any associated implementation plan to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
NR 151.23 Note
Note: Soil loss prediction tools that estimate the sediment load leaving the construction site under varying land and management conditions, or methodology identified in subch. V., may be used to calculate sediment reduction.
NR 151.23(4)(b)
(b) Notwithstanding par.
(a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, based on an average annual rainfall, the design plan shall include a written and site-specific explanation why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
NR 151.23(4)(c)
(c) Where appropriate, the design plan shall include sediment controls to do all of the following to the maximum extent practicable:
NR 151.23(4)(c)1.
1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces.
NR 151.23(4)(c)3.
3. Protect the separate storm drain inlet structure from receiving sediment.
NR 151.23(4)(d)
(d) The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period to prevent their transport by runoff into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.
NR 151.23(4m)
(4m)
Post-January 1, 2011 requirements. The design plan required under sub.
(3) shall meet all of the following:
NR 151.23(4m)(a)
(a)
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
NR 151.23(4m)(a)2.
2. The discharge of sediment from disturbed areas into on-site storm water inlets.
